Manik S/O Gangaram Thakre v. The State Of Maharashtra, Represented By The Collector, Washim And Others

2024:BHC-NAG:13285 1 20-CAO-1299-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1299 OF 2024 IN MCA ST. NO. 19492 OF 2024 IN FIRST APPEAL ST. NO. 6821 2023 MANIK S/O GANGARAM THAKRE Vrs.

THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Shashikant Nagrare, Advocate h/f Shri Alpesh Deshmukh, Advocate for applicant/appellant.

Shri Suraj Hulke, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 03/12/2024.

1.

This is an application for condonation of delay of 401 days for filing application for restoration of appeal, which was dismissed for non-removal of office objections.

2.

Learned advocate for the applicant submits that applicant could not pay Court Fees within time and therefore, appeal was dismissed.

3.

Learned advocate for the applicant submits that because of his own mistake, he could not remove the office objections. Law is settled that for the mistake of Advocate, the parties shall not suffer.

4.

Considering the reasons stated in the application, it appears that delay is not deliberately

2 20-CAO-1299-24.odt caused. Therefore, delay of 401 days is condoned, in the interest of justice.

5.

Without cost, as the applicants are poor and agriculturists, application is allowed. Delay of 401 days is condoned.

6.

The application is disposed of.

MCA ST. NO. 19492 OF 2024 7.

This is an application for restoration of appeal, which was dismissed for non-removal of office objections.

8.

Learned advocate for the applicant submits that he will pay remaining Court Fees within a week. 9.

The application is allowed on condition that applicant shall deposit Court Fees within a week. 10.

It is clarified that if the Court Fees is not deposited within a week, application shall be deemed to be dismissed.

11.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 06/12/2024 15:01:07